Peter Vivian Daniel

“ But, independently of these considerations, and in advance of them, there is another which of itself, in my judgment, should have prevented the claim of the libellant from being established or entertained at all in the district and circuit courts, and which should operate with equal effect in preventing its being entertained here. ”

“ This case is one of contract between the owner of property and the master of a vessel to transport a cargo of potatoes from Hamburg and to deliver them in New York. It is nothing more than a contract between the owner of property and a carrier to convey a given subject for hire. It was a contract made upon land to be terminated and executed upon the land for a stipulated compensation, and not strictly or properly a maritime contract, in any sense beyond any other contract, in the performance of which a party or agent would be compellable to cross the ocean or even to pass a river. ”